Class actions in England and Wales – OUT-LAW.com

Posted January 10th, 2022 in civil procedure rules, class actions, competition, news by tracey

‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing. These claims are commonly known as “class actions”, a term particularly popular in US litigation, though they are also often referred to as “group actions” or “collective actions” too. However, in fact, the various terms describe a range of different procedures. In this guide, which focuses on the position in England and Wales, we use the overarching phrase “mass actions”.’

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OUT-LAW.com, 7th January 2022

Source: www.pinsentmasons.com

The appearance of a substantial defence in possession claims, and property guardians and possession – Nearly Legal

Posted December 14th, 2021 in civil procedure rules, estoppel, landlord & tenant, licensing, news, repossession by tracey

‘Global 100 Ltd v Laleva (2021) EWCA Civ 1835. There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District Judge had been wrong to decide the possession claim against property guardians and make a possession order at first hearing, as there was a defence which appeared to be substantial and required further evidence and hearing.’

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Nearly Legal, 6th December 2021

Source: nearlylegal.co.uk

Judges and lawyers call for curbs on misuse of SLAPPs – Legal Futures

‘Senior judges and lawyers on a panel chaired by former Supreme Court president Lord Neuberger have called for legal reforms to curb “strategic lawsuits against public participation” (SLAPPs).’

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Legal Futures, 30th November 2021

Source: www.legalfutures.co.uk

News focus: Where next for mass claims? – Law Society’s Gazette

‘The Supreme Court’s ruling in Lloyd, blocking a multi-billion-pound claim against Google, exposes the lack of legislation providing redress in mass claims. But CPR 19.6 could offer a way forward.’

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Law Society's Gazette, 15th November 2021

Source: www.lawgazette.co.uk

High Court refuses permission for judicial review of CPR changes – Law Society’s Gazette

‘The High Court has refused permission for judicial review of changes to the rules governing applications for permission to appeal. A pharmacist struck off for improperly touching a patient’s breasts argued that changes to CPR 52.5 made in 2016, which generally requires the Court of Appeal to determine applications without an oral hearing, were unfair.’

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Law Society's Gazette, 8th November 2021

Source: www.lawgazette.co.uk

Deputy Master hits out at “unnecessary” expenditure in judicial review and clinical negligence claims on arguing about costs at assessment – Local Government Lawyer

Posted November 4th, 2021 in civil procedure rules, costs, judicial review, news, part 36 offers by sally

‘The Home Secretary wasted public money by protractedly disputing costs in a case involving unlawful detention, a Deputy Master in the High Court has said.’

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Local Government Lawyer, 4th November 2021

Source: www.localgovernmentlawyer.co.uk

Surely, I’m Insured?! Is a defendant insured only when sure the insurer will pay out? – Gatehouse Chambers

‘The Claimant was employed as a labourer by the Second Defendant (‘YKS’) who, in turn, were engaged by the Appellant Fourth Defendant (‘Buttar’) as an independent brickwork contractor. The First and Third Defendants were individuals who controlled the Second and Fourth Defendants. The Claimant suffered catastrophic injuries at a building site and brought proceedings in negligence against, inter alia, YKS, as his employer; and Buttar, as the main contractor on site. The Court recognised that there was a compelling need for an interim payment to fund an appropriate rehabilitation package for the Claimant if he was able to satisfy the legal requirements for obtaining the same.’

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Gatehouse Chambers, 28th October 2021

Source: gatehouselaw.co.uk

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

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Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette

Posted October 8th, 2021 in civil procedure rules, documents, news, service, solicitors, time limits by tracey

‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

Supreme Court backs claimants in QOCS set-off ruling – Legal Futures

‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’

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Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk

Judge lambasts government lawyers who ignored court rules – Law Society’s Gazette

‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’

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Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred? – Practical Law: Construction Blog

Posted September 14th, 2021 in amendments, civil procedure rules, construction industry, limitations, news by tracey

‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’

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Practical Law: Construction Blog, 7th September 2021

Source: constructionblog.practicallaw.com

Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer

Posted September 13th, 2021 in case management, civil procedure rules, documents, news, service, time limits by tracey

‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’

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Local Government Lawyer, 11th September 2021

Source: www.localgovernmentlawyer.co.uk

Property guardians, possession claims and appearance of a defence for CPR 55.8 – Nearly Legal

Posted August 27th, 2021 in appeals, civil procedure rules, housing, landlord & tenant, news, repossession by tracey

‘Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC). This is the judgment in an appeal to a Circuit Judge – HHJ Luba QC – from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold for “circumstances where the defendant had disputed the claim on grounds that appeared to be substantial.” for the purposes of CPR 55.8, (which is of broad application to all residential possession claims) as well as putative defences to the claim.’

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Nearly Legal, 25th August 2021

Source: nearlylegal.co.uk

New Judgment: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

High Court warns uncooperative parties against “litigation warfare” – Legal Futures

‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’

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Legal Futures, 30th July 2021

Source: www.legalfutures.co.uk

Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Radcliffe Chambers

‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’

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Radcliffe Chambers, 21st July 2021

Source: radcliffechambers.com

Committed to committal – Nearly Legal

‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk